In the concrete case, which is subject of the decision of the 12th Criminal Department of the Court of Appeal with Basic 2020/1413, Dated November 17, 2021 and Decision numbered 2021/8051,it has been determined that the employee who lost his life due to a work accident worked as an electrician in the electrical work included in the dangerous work class, but he did not have a diploma or vocational education document related to electrical work. Since this situation is prohibited in the Occupational Health and Safety Law and the employer does not fulfill its obligations listed in Occupational Health and Safety Law, the Court of Appeal decided that the crime of killing by gross negligence was committed against employee.

REVIEWING OF THE DECISION

In the Occupational Health and Safety Law (in Turkish) ("Law"), some jobs are separated from others and classified as dangerous and very dangerous jobs. The main reason for this distinction is to keep the employer's supervision and control obligation at the highest level and the minimize both the degree of damage and the number of work accidents that may occur with it.

The Circular involving the additional measures regarding COVID-19 determined in the Presidential Cabinet convened on August 19, 2021 is sent to the relevant institutions. According to the Circular, as of September 6, 2021; for people who are not vaccinated should submit a PCR test with a negative result;

• In participation in activities such as concerts, cinemas, and theaters,
• Intercity travels by plane, bus, train, or other public transportation vehicles, excluding private vehicles,
• Participation in other events or activities in which people are present collectively is determined by the relevant governorships/sub-governorships.

According to the Occupational Health and Safety Law No. 6331 Article 38, the obligation to receive OHS Services begins on 1/7/2020 for the workplaces with less than 50 employees and in the less dangerous class.

Article 38 of the Law No. 6331 is as follows:

7166 numbered the “Law on Amending Social Services and Some Other Laws” (the “Law”) has published in the 30694 dated Official Gazette. This Law has made some amendments on Environmental Law, Value Added Tax Law (“VATL”), Unemployment Insurance Law, Special Consumption Tax Law (“SCTL”,“ÖTVK”), Occupational Health and Safety Law and some other Laws. A new wage support incentive to the employers, some VAT and Special Consumption Tax (ÖTV) regulations are among these amendments.

Our explanations regarding some important amendments are as follows